Answer Response No Fee

Cal. Super. - 6th Dist.March 24, 2021

1 || Michael G. Ackerman, Esq. (SBN 64997) LAW OFFICES OF MICHAEL G. ACKERMAN 2 || 2391 The Alameda, Suite 100 Santa Clara, CA 95050 3 Telephone: (408) 261-5800 4 Facsimile: (408) 261-5900 Email: mga@mgackermanlaw.com 5 6 || Attorneys for Defendant, PANIDA CHINSUPAKUL 7 8 9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CLARA 11 ANNE TING, an individual; JACK TING, ) Case No.: 21CV381110 12 || an individual; and NICOLE TING-YAP, an ) individual; ) 13 ) DEFENDANT PANIDA Plaintiffs, ) CHINSUPAKUL’S GENERAL DENIAL 14 TO FIRST AMENDED COMPLAINT VS. FOR DAMAGES AND INJUNCTIVE 15 RELIEF PANIDA CHINSUPAKUL, an individual; ) 16 || and DOES 1 through 10; ) : 17 Complaint Filed: March 24, 2021 Defendants. ) Trial Date: None Set 18 ) 19 0 Defendant, PANIDA CHINSUPAKUL in answer to the unverified First Amended Complaint 21 (“Complaint”) of Plaintiffs ANNE TING, an individual; JACK TING, an individual; and NICOLE Om) TING-YAP, an individual (“Plaintiffs”), admit, deny and alleges as follows: 73 GENERAL DENIAL 2A Pursuant to the provisions of Sections 431.30(d) of the California Code of Civil Procedure, 95 Defendants deny, generally and specifically, each and every allegation contained in Plaintiffs’ 26 unverified First Amended Complaint and further deny that Plaintiff has sustained damages in the sum 97 or sums alleged, or in any other sum at all, by reason of any act, breach or omission by Defendants. 28 | -_ -l- DEFENDANT PANIDA CHINSUPAKUL’S GENERAL DENIAL TO FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF CASE NO.: 21CV381110 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/11/2022 11:59 AM Reviewed By: A. Villanueva Case #21CV381110 Envelope: 8032018 21CV381110 Santa Clara - Civil A. Villanueva 1 Defendants deny that the injuries or damages, if any, complained of by Plaintiff in the 2 || Complaint were due to or caused by any act or omission on their part. 3 AFFIRMATIVE DEFENSES 4 1. As and for a separate and distinct answer and affirmative defense to the First Amended 5 || Complaint, and each cause of action allegedly pled therein, this answering defendant alleges that 6 || Plaintiffs are not the real parties in interest and have no standing to bring the claims pled. 7 2. As and for a separate and distinct answer and affirmative defense to the First Amended 8 || Complaint, and each cause of action allegedly pled therein, this answering defendant alleges that any 9 || claim arising out of Defendant's use of the confidential information in the pending divorce 10 || proceedings against Julian Ting is privileged under Civil Code Section 47(b) as a communication 11 || made in or relating to a judicial proceeding. Further, Plaintiffs were not harmed by any such 12 || disclosure but instead are pursuing this action to prevent Julian Ting from being shown to have 13 || committed perjury in the related family law proceeding. 14 3. As and for a separate and distinct answer and affirmative defense to the Fifth Cause of 15 || Action for Misappropriation of Trade secrets, this answering defendant alleges that Plaintiff Nicole 16 || Ting-Yap brought this claim in bad faith with no justifiable cause inasmuch as there are and were no 17 || trade secrets (as defined in Civil Code Section 3426, et seq.). The alleged trade secrets have no 18 || independent economic value to anyone in the United States as well as Malaysia, and that the alleged 19 || trade secret information is readily ascertainable to anyone in Malaysia. Further, Plaintiff has not 20 || suffered any economic harm or loss and knew that at the time this suit was filed. Defendant prays for 21 || an award of attorneys' fees at the conclusion of this case for having to defend a claim brought in bad 22 || faith. 23 Wherefore, defendant prays for judgment as follows: 24 1) That Plaintiffs take nothing by their complaint and that the complaint be dismissed in its 25 entirety with prejudice; 26 2) That Defendant is awarded its costs and attorneys’ fees in defending this action as the 27 prevailing party; 28 fp ----___ -2- DEFENDANT PANIDA CHINSUPAKUL’S GENERAL DENIAL TO FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF CASE NO.: 21CV381110 1 3) For such other and further relief as the Court deems just and proper under the premises. 2 3 | DATED: January Lf, 2022 LAW OFFICES OF 4 MICHAEL G. ACKERMAN 5 oa eS OL ea . a 6 Lo By: Ait hh JEEP 8 SAMPLE. 7 MICHAEL @ ACKERMAN, ESQ. 8 Attorneysfor Defendant, PANIDA CHINSYPAKUL 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 |) --- -3- DEFENDANT PANIDA CHINSUPAKUL’S GENERAL DENIAL TO FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF CASE NO.;: 21CV381110 1 PROOF OF SERVICE 2 The undersigned declares: 3 lam a citizen of the United States and a resident of Santa Clara County, State of California. I 4 || am over the age of eighteen (18) years and not a party to the within above-entitled action. My 5 | business address is 2391 The Alameda, Suite 100, Santa Clara, CA 95050. 6 On January 11, 2022, I served a copy of the following document(s) described as: 7H - DEFENDANT PANIDA CHINSUPAKUL’S GENERAL DENIAL TO FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 8 on the interested parties in this action by placing true copies thereof to the person(s) listed below: 9 10 Ms. Skye Langs, Esq., ef-sdl@cpdb.com Scott C. Hall, Esq., ef-sch@cpdb.com 11 || Emlyn Mancel; Esq., ef-erm@cpdb.com COBLENTZ PATCH DUFFY & BASS LLP 12 || One Montgomery St., Suite 3000 San Francisco, CA 94104 13 | Telephone: (415) 391-4800 14 || Facsimile: (415) 989-1663 email: slangs@coblentzlaw.com 15 || (Attorney for Plaintiffs, Anne Ting, Jack Ting, 16 and Nicole Ting-Yap) "7 LS U.S. Mail) I am readily familiar with my employer’s business practice for collection and ig processing of correspondence for mailing with the United States Postal Service. I am aware that on 19 motion of the party served, service is presumed invalid if postal cancellation date or postage meter is 30 more than one day after dated of deposit for mailing in affidavit. I caused to be deposited such 51 envelope(s) with postage thereon fully paid to be placed in the United States Mail at Santa Clara, California. 22 3 OS (By E-Mail) | caused a true copy of the foregoing document to be served on Skye Langs, of 44 Coblentz Patch Duffy & Bass LLP, at ef-sdl@cpdb.com and slangs@coblentzlaw.com, Scott C. Hall 35 of Coblentz Patch Duffy & Bass LLP, at ef-sch@cpdb.com and Emlyn Mancel, of Coblentz Patch 0 Duffy & Bass LLP, at ef-erm(@cpdb.com. The e-mails were complete and no reports of error were 37 received on January 11, 2022. Ml 28 |} ----- ee -4- DEFENDANT PANIDA CHINSUPAKUL’S GENERAL DENIAL TO FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF CASE NO.: ZICV381110 1](¢ ) (By Federal Express) I caused to be served a true and correct copy enclosed in a sealed 2 || package, for Federal Express collection and for overnight delivery. I had said envelope marked for 3 | collection and overnight delivery to the addressed and to the office of the addressee(s) as above 4 || indicated. In the ordinary course of business and including said overnight envelopes, will be 5 || deposited with Federal Express at Santa Clara, California. 6 I declare under penalty of perjury under the laws of the State of California that the foregoing is 7 || true and correct and that this declaration was executed in the City of Santa Clara, State of California 8 || on January 11, 2022. ° LQ /) ) . | DR Tesla at il CAMLI-SMURPHAT j : i) 13 : 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 |p ttt -5- DEFENDANT PANIDA CHINSUPAKUL’S GENERAL DENIAL TO FIRST AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF CASE NO.: 21CV381110